The Difference between Burglary and Theft

Most of you are familiar with the terms burglary and theft. However, what most of you don’t know is the difference between the two. Generally, people understand that burglary is the worse of the two crimes. What they don’t understand is there is only one thing an officer needs to prove to in order to charge you with burglary and that is intent.

Per Arizona Statute 13-1802, the crime of theft is defined as the illegal act of taking or using another person's property without permission or consent. It is also considered a theft crime to accept or receive property that you know to be stolen. Theft crimes classifications can range from acts of stealing from a store to the more serious felony crime of taking money from a corporation. If you have been accused of committing a theft crime, it is important for you to consider hiring an Arizona criminal attorney experienced in defending theft charges.

As defined in Arizona Statute 13-1506, a person commits a third degree burglary by entering or remaining unlawfully in or on a nonresidential structure or in a fenced commercial or residential yard with the intent to commit any theft or any felony therein. Third degree burglary is a class 4 felony in Arizona.

Here is a scenario that will help you understand the main difference, (and the most common) between the two crimes explained above:

One night you are sitting at home watching TV and realized how much fun it would be to have an Xbox to play. So you get in your vehicle and drive to Target with the intent to steal an Xbox. This is burglary. On the other hand, if you happened to already be in Target and the urge to steal an Xbox suddenly came over you then this would be considered theft.

The intent to steal is the primary difference between the two crimes. This is often the officer’s first question he will ask in theft cases. You could be charged for burglary even if it was something as small as a bag of diapers. 

The Legalities of a Traffic Stop- What Does An Officer See After Running Your Plates

How many of you have wondered if a Police Officer could run your license plate and see if you have a suspended license? Well I am here to inform that they can. Although I am sure you may have heard different answers but the fact of the matter is Police Officers have a lot of resources available to them with the introduction of computers in their vehicles.

When an officer inputs a vehicle license plate into his system in essence it returns the vehicles “criminal record” and the name of the registered owner (R.O.).  If a vehicle has been reported stolen, or has been involved in a hit and run then these things would show up under the “hits and misses” section of the report the officer receives, hence the “criminal record” of the vehicle.

Running the name of the R.O. doesn't necessarily mean it could be you. What I mean by this is if you have a common name then chances are the officer may not get YOUR information. Let’s say for example your name is John Smith. When the officer attempts to run a wants and warrants check (10-27) on the name John Smith, dispatch will most likely inform the officer that there are over 50 John Smiths in the area. Unless the dispatch officer took the time to cycle through the 50 John Smiths in the area to match the name and address of the vehicles registered owner, then chances are nothing will happen to you. Now let’s say for instance the officer randomly picks one of the John Smiths out of the list and that name comes back as having a suspended license.  I know you’re thinking this is not fair nor could it be legal. However, this is where I am going to inform you of your civil rights. The officer will pull you over based on his probable cause to investigate the unlicensed driver John Smith. Now if the John Smith he in fact chose happens to be you then unfortunately you will be in trouble. However, if the John Smith he chose was in fact NOT you, but YOU did have a suspended license then the officer cannot cite you, arrest you, or tow your vehicle because his probable cause to investigate no longer exists. The reason it no longer exists is because it is the wrong person. His probable cause was based on the John Smith who lived on 35^th Ave. and you are John Smith who lives on Roosevelt St. therefore, his probable cause goes out the window. The officer, if operating within his legal duties, will let you go but will not let you continue to drive the vehicle. If he happens to see you again then he can pull you over and cite you based on his familiarity with you.

If you are driving on a suspended license I recommend you find other means of transportation. The penalties associated with this violation are severe in the state of Arizona and ultimately it’s not worth it. If you find yourself in this situation and you feel your civil rights have been violated contact a local Phoenix Criminal Lawyer immediately.     

Arizona DUI- Driving Under the Influence of Drugs

Many people are unaware that you can still receive a DUI if you are not under the influence of alcohol. As your local Phoenix criminal Attorney I am here to advise you that this is possible. Pursuant to A.R.S. §28-1381 (A)(3), it is illegal to operate a motor vehicle with a metabolite of illegal or illicit drugs in a person’s body. Illegal refers to the drugs which we are all familiar with (marijuana, cocaine, speed, etc.) that are usually illegal for everyone to possess and/or use. An illicit drug is a prescribed drug (Vicodin, oxycodone, etc.) that is possessed by somebody who does not have a valid prescription to consume or possess those drugs.

Under this statute, it is not required that you are impaired by the drug while operating a motor vehicle and it is a “strict liability” crime to merely have those metabolites in your system. This means that you could have smoked marijuana thirty (30) days prior to driving, or ingested some other substance and still be pulled over and cited for a DUI. However, the police officer still needs to have reasonable suspicion and probable cause in order to pull you over or force you to provide a blood, breath or urine test.

The DUI charge, by itself, does not require a breath reading. An officer obtains his reasonable suspicion or probable cause for a traffic stop through the driving patterns you display. Signs such as swerving, speed fluctuation (inconsistent speed), braking too early or late, and the obvious, speeding, are all sufficient reasons for an officer to pull you over for suspicion of driving impaired.   It deals with suspicion of driving while under the influence, according to the manner of driving, physical and mental symptoms of impairment, or verbal admissions.

Arizona is a no tolerance state, therefore, the word leniency does not exist here. If you have a prescription for drugs that could cause impairment, or if you are a frequent user of Marijuana I highly urge you to not drive if you are under the influence of any of the above mentioned drugs as this could lead to a DUI.  

Arizona Open Carry Laws- What To Do If You Are Pulled Over

First of all, there is no legal duty to voluntarily tell an officer you are carrying a firearm if you are pulled over while driving in Arizona. Although, you should respond affirmatively to an officer who asks. To state the obvious, you should never pull a firearm out or at  the officer or cause those to feel threatened in anyway. 

I encourage you to never volunteer any information to an officer during a traffic stop. More times then not this leads to unnecessary requests for the driver. However, in the event of the officer conducting a search of your vehicle, prior to the commencement of the search, you should advise the officer that there is a gun in the vehicle so he will not be taken by surprise when he finds it. Furthermore, if you are pulled over and your gun is in your glove compartment along with your registration, BEFORE you open the compartment I highly recommend telling the officer you have a gun in there. If an officer notices a gun as you open the compartment and you continue to reach towards it he will be justified in the use of deadly force.

With every widely observed holiday, you're likely you will see heightened police presence, enforcement and DUI Sobriety Checkpoints. DUI Roadblocks are set up with the intent to seek drivers for signs of intoxication or impairment, and make DUI arrests. The goal is to prevent motorists from driving impaired under the influenced of alcohol or drugs. DUI checkpoints can be considered double edged sword of sorts. Everyone wants impaired drivers off of the road. But if you've ever found yourself in a line-up waiting your turn through the checkpoint, you know it's no fun. Whether you are driving impaired or not, it's completely normal to feel a little nervous or anxious. 

Most people sort of look around to make sure there is nothing in their vehicle that would give rise to the suspicion that they are under the influence of alcohol or drugs. In Arizona, you should know that when the officer stops you at a DUI checkpoint, arrests can be made for violations of other crimes too, not just impaired driving. 

In absence of a formal DUI safety checkpoint, a police officer needs a reasonable suspicion that a violation of the law or crime has occurred or is in progress to stop a driver and conduct a DUI investigation. However, DUI checkpoints bypass this usual step. Not all states have laws authorizing use of DUI checkpoints, but in Arizona their use is becoming more prevalent.

Always, keep both hands on the wheel while you are talking to the officer. The exception to this, is if he instructs you to show him your license which requires you to take your hands on the wheel; or otherwise. Talk to the officer as calmly as possible, and when you must take your hands off the wheel to reach for your driver's license and registration, do so calmly as well. 

Field Sobriety Tests are not mandatory in Arizona. They are simply tools for Police to conduct roadside DUI screening and due to their unreliability may result in false conclusions. You can politely and lawfully refuse to participate in a field sobriety test. You should let the officer know that your reason for refusal is that you understand it is not mandatory by law, and it is your understanding that field sobriety tests are often unreliable and could give false impressions that a person is impaired when in fact they are not. You should be aware that refusing to submit to a field sobriety test may be cause for arrest or further detainment. You can and should refuse to answer questions based on your rights under the Constitution and request to speak with an Arizona DUI Attorney. 

Arizona is an implied consent state. What does this mean to drivers? It means that there are civil penalties through the Motor Vehicle Division (MVD) for refusal. If a driver refuses to take a breath or blood test to determine your BAC, your license may be revoked or suspended, whether they are were driving impaired or not; or convicted of the charges or not. All a refusal of a DUI breath or blood test costs you is a suspension of your driver's license for one year. But the choice of course is ultimately yours. 

Arizona DUI –How Diabetes and Alcohol Relate

If you have diabetes it's smart to wear a medical bracelet or necklace that lets people know you have diabetes. Far too often police officers will mistake a diabetic for someone who has been drinking. This is a situation you don’t want to be in; it can be detrimental to your health and can lead to a coma and/or death.

When a person with diabetes has abnormally low blood sugar this leads to hypoglycemia. Symptoms of hypoglycemia are similar to someone who's been drinking. These may include: slurred speech, staggering, drowsiness, confusion, and ironically, the condition can also produce the smell of alcohol. At this point, a medical-alert bracelet would come in handy.

This is a scenario commonly practiced by police officers and emergency response personnel. However, with the increased rate of drinking and driving offenses today, many officers forget about the possibility of a person having diabetes. If you find yourself in this situation contact your local Phoenix DUI Attorney to protect your rights and your future.

Alcohol intoxication

Ethanol is the active ingredient in alcoholic drinks. It is rapidly absorbed out of the digestive tract and into the blood stream. In small doses, it acts as a sedative and euphoric; people tend to have lessened inhibitions in the initial phases of intoxication, resulting in giddiness, and heightened energy.

As ethanol levels rise, this phase is followed invariably by increasing drowsiness, clumsiness, and a decreasing level of consciousness. A highly intoxicated patient may become combative without realizing what is happening. Nausea and vomiting are common side effects of excess intoxication.

If you have diabetes be sure you have some sort of badge identifying your condition. Medical bracelets and necklaces were made for this reason. If you are in the severe stages of hypoglycemia it will be difficult for you to explain to an officer that you are a diabetic. Police officers encounter angry drunks far too often who proclaim they haven’t been drinking and unfortunately have been molded from this, thus making your explanation all too common to them.

Unlawful Search and Seizure: Your Fourth Amendment Right

The Fourth Amendment protects against unlawful searches and seizures. Despite this, countless citizens have been subjected to searches without suspicion.  Many of you are unaware of how much authority a police officer has, which in turn, allows them to get away with more than they should. More times than not, many of you believe if an officers asks you to do something you feel as if you HAVE to say yes. I am here to tell you that in some situations you can say no.

Saying no is not illegal

Let’s say you are driving to work one morning and you notice that you are getting pulled over. When the officer approaches the driver side of the vehicle they will ask you “do you know why I stopped you?” First of all, never admit to anything; my advice to you is say “no I do not.” The reason for this is because many times you may think it was because of speeding or not using your turn signal. However, the officer could have stopped you for a taillight out, but now he can also site you for unsafe lane change due to your admission of guilt. In some cases the officer will ask you “do you have anything illegal in the car I should know about?” In situations such as this the proper answer is “NO”, which usually leads to the officer’s next question, “do you mind if I search the vehicle?” Here is where most of you go wrong! You are well within your rights to say no. If the officer did in fact stop you for a taillight out then he has no reasonable suspicion to believe you have something illegal in your vehicle which is why he is asking you to search versus telling you to step out of the vehicle. If you grant the officer permission and he does find something then you can be charged for that crime. If the officer makes you step out of the vehicle even though he has no probable cause for search and finds something illegal then you are protected under unlawful search and seizer and you should contact an Phoenix Criminal Attorney today.

Here is where things get tricky. If you grant an officer permission to search the vehicle, he is only allowed to search the passenger compartment of that vehicle (this pertains to all areas of the vehicle excluding the trunk); he is not allowed to search the trunk. For an officer to get access to the trunk of a vehicle he needs one of the following:

·    Permission from the driver of the vehicle

·    A search warrant

·    Imminent circumstances ( i.e. your vehicle matches the description of a robbery that just took place)

·    Or if your vehicle is being towed for due to a crime (i.e. DUI). An officer is required to do what is called a vehicle inventory before the car is towed away to protect himself and the agency he works for from unlawful damages or missing items.

So the next time an officer asks to search your vehicle and they have no probable cause to do so don’t be afraid to say no. It is your Constitutional right as a United States Citizen!